Supreme Court of India
Credit: PTI File Photo
New Delhi: The Supreme Court on Monday allowed a plea filed on behalf of 14-year-old rape survivor for termination of her about 30-week pregnancy, taking into account exceptional circumstances and a medical report indicating adverse impact of it upon the physical and mental well being of the minor.
A bench of Chief Justice of India D Y Chandrachud and Justice J B Pardiwala used its power under Article 142 of the Constitution to pass the order on a plea filed by the girl's mother.
The court set aside the Bombay High Court's order of April 4, 2024, which declined to allow the plea for medical termination of pregnancy.
The bench relied upon the report by a medical board set up by the Sion Hospital Mumbai on a direction by this court on April 19 to issue its order.
"The medical board has clearly opined the pregnancy may impact mental and physical well being of the minor," the bench said.
"The threat in carrying out the termination is not higher than than the risk in full delivery," the bench noted.
The court directed the Dean Sion Hospital to constitute a team to carry out the medical termination of pregnancy of the minor.
The bench, which reserved its order in the matter, issued interim directions to carry out the procedure for medical termination of pregnancy at state expenses.
The minor girl was subjected to sexual assault, resulting into her pregnancy. An FIR also lodged in this regard on March 20, 2024 in Navi Mumbai.
The court also noted the FIR in the case was lodged beyond the limit of 24 weeks prescribed under the Medical Termination of Pregnancy Act.